HomeMy WebLinkAboutT-4565 - Agreement/Covenant - 8/18/2006 (3) ' 47034145 ff-WANIM&
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MY OF FRESNO MAR 1 41997
DEMOPMWT DEPARTNE4T
2600 Fano Stns
Faro CA 93721-M" PLEASE CONFORM FRESNO COUNTY,CAf.IFORNM
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ABOVE SPACE FOR RECORDER'S USE
APN: 568-020-09 CITY of FRESNO
Project ID: Final Tract No. 4565 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER
CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND
DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN
RECITALS
A. WHEREAS, PATRIOT HOMES-MAPLE DRIVE, LLC, a Limited Liability Company,
hereinafter referred to as the "Covenantor," is the owner of that certain real property in the
City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject
Property" and more particularly described in Exhibit "A," which is incorporated herein by this
reference; and
B. WHEREAS, Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property, which may ripen into a fee, have subordinated to this
instrument and all such instruments of Subordination, if any, are attached hereto and made a
part of this instrument; and
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4565. (hereafter,
"Project"), require the payment of applicable sewer connection charges, water connection
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
charges, Urban Growth Management fees and/or the Millbrook Overlay Sewer fee (hereafter,
"Fees") in accordance with the provisions of Chapters 9, 11, 12 and 14 of the Fresno
Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter, "Ordinances and
Resolutions"); and
D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to defer
certain Fee obligations, more particularly identified in the attached Exhibit "B," to the time of
issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of the
Fresno Municipal Code; and
E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for the
Project pursuant to the provisions of the latest edition of the Uniform Building Code as
adopted by the State of California and as amended by the City of Fresno, including any
subsequent extension and expiration of such permit and the re-issuance of a new building
permit for any expired permit on any lot or parcel of the Subject Property, desires to defer the
payment of the Fee obligations identified in Exhibit "B" pursuant to the requirements of said
Section 12-4.604 until such time that the Covenantor or successors and assigns requests the
issuance of a Certificate of Occupancy.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
COVENANTS CONDITIONS AND RESTRICTIONS
1. For the express purpose of administering the fee deferral process, the Fee obligations for
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
the Project may be prorated by the City to each lot, parcel, unit or building on the Subject
Property in the manner established by the Development Director. The intent of this provision
is to prorate the Fee obligations of common use areas, outlots, public street easements and
similar miscellaneous areas of the Project in a reasonable manner to each lot, parcel, unit or
building of the Project to facilitate reasonable administration of the fee deferral process.
2. At the sole discretion of the Development Director, when the proration of a Fee
obligation is not feasible to be administered on a lot, parcel, unit or building basis, the
Covenantor may be required to pay the total Fee obligation for such fee for the Project with
the first request for issuance of a certificate of occupancy for the Project.
3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot, parcel,
unit or building as identified on the attached Exhibit "C," at any time after the recordation of
this instrument. The Fee obligations stated in said Exhibit "C" shall be maintained by the
Development Director and shall be adjusted to reflect the Fee rates in effect at the time
payment is made, and may be adjusted to account for any subsequently approved
reconfiguration to the size or number of lots, parcels, units or buildings. When Covenantor
elects to pay one or more of the deferred Fees in advance of the request for issuance of a
Certificate of Occupancy, the full amount of such Fee must be paid. The remaining unpaid
deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the
Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the time of payment at
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the
fee credits applied in Exhibit "B" to establish Fee obligations shall not be adjusted during the
effective term of this Statement. Any additional credits established after the recordation of this
instrument shall be reimbursed in the manner established by the section of the Fresno
Municipal Code relating to that specific Fee.
5. Additional new fee obligations not listed on Exhibit "B," but in effect at the time the
Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will
be applicable to this Project if such new fee(s) is/are duly established by the City Council in
accordance with Government Code Section 66498.1.
6. At the sole discretion of the Development Director, a request for "temporary utility
connection" or a "temporary or safe to occupy" may be made subject to the provision of an
additional cash security deposit representing a portion or all of the deferred Fee amounts.
7. Notwithstanding any of the above payment times, the maximum period for deferment of
Fees for a lot, parcel, unit or building shall be limited to a period of one (1) year after final
inspection of a building. This time period approximates with the Uniform Building Code and
Fresno Municipal Code period which provides for an active permit life of 180 days, after last
inspection, with provisions for one (1) extension of said permit, not to exceed a period of 180
days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Government Code Section 65961.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
9. Each of the covenants, conditions, and restrictions contained in this Statement shall run
with the Subject Property and shall be binding upon each successive owner of the Subject
Property, heirs, representatives, successors and assignees. The Covenantor hereby creates a
lien upon the Subject Property. to guarantee the performance of the obligations of the
Covenantor contained in this Statement.
10. The conditions of this Statement are intended to benefit the public and public properties.
Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or
equitable means. All obligations of the Covenantor in this Statement shall inure solely to the
benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor
shall the right of the City of Fresno be transferable in any manner to any person other than to
a successor municipal corporation whose geographic boundaries include the Subject Property.
11. In the event that litigation is instituted to enforce the processing of this covenant, the
parties agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions and obligations of this Statement, for each lot or parcel of the Subject
Property, shall be of no further force and effect upon satisfaction of the Fee obligations for
such lot or parcel.
13. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on
the Subject Property are fully satisfied.
14. The provisions of this Statement shall be deemed independent and severable and the
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any one provisions hereof. Whenever the context of
the Statement so requires, in interpreting this Statement, any gender includes the other genders,
the singular includes the plural, and the plural includes the singular.
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation PATRIOT HOMES-MAPLE DRIVE,
LLC, a Limited Liability Company
,. Alvin P. Solis, Director By: , d
Development Department David Schwartzman, President
APPROVED AS TO FORM:
HILDA MO TO
City orney f
By:
Deputy
(Covenantor: Attach Notary
Acknowledgements)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 7
CITY CLERK'S CERTIFIICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
7
On March 5 , 1999 before me, Elvia Sommerville personally appeared
Mark Williamson, nev. Manager personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s), the
person(s) on behalf of the CITY OF FRESNO of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
U J
By.
DEPUTY
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on July 15, 1996, in the office of the Fresno County Recorder as Document No.
96090167 of which the Deed of Trust in by and between PATRIOT HOMES-MAPLE DRIVE,
a Limited Liability Company, as Trustor, Commerce Securities Corporation, as Trustee, and
Valiwide Bank, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer
Connection Charges, Water Connection Charges, Urban Growth Management Fees and
Development Fees and Creation of Lien for Tract No. 4565.
DATED: �A 6' , 19 i�
Valliwide Ba , as Ben 1
By:
Ca.
(Attach Notary Acknowledgement)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 21, inclusive of Final Tract Map No. 4565, as recorded in Fresno
County Records, Volume at Pages on 1997
LL- U POSE ACKNOWLEDGMENT
Stated- CXlG/�"oRN/.9 CAPACITY CLAIMED BY SIGNER
Counly o ❑ INDIVIDUAL(S)
Cf.ORPORATE
On.�H�JU.�7KY 14, �b fore me,,s�ll7lT7�1 Y. TsU�'Ll�oKa , , � OFFICER( �iCES/O/�'Jtr1
DATE NAYS,TOLE OF OFF CEA /Y y A01 i11lEW
❑ PAFiTNER(S)
personally appeared,04wo J� PX11192 7-ZM,4'A/ ❑ ATTOnNEY-IN-FACT
NAUE13)Of s10NE14S) ❑ TRUSTEE(S)
personally known to me-OR-0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Is/are
subscribed to Me within Instrument and ac- OUAnOIAN/CONSErTVATOA
knowlodged to me that ho/she/they executed O OUIEn:
the same In hls/her/Ihoir Authorized
� �� capacily(ies), and that by his/hor/Their
J,11duAY Y. TStir;-110KA
t L= COMIN1. #I C-20521 -+ signaturo(s)on the instrument Ilio porson(s).
C. VARY PUBLIC-C�.UFOP.NNA or the enlilyupon behalf of which[Ito parson(s) SIGNER IS REPRESENTING:
•. ij Fr�ESNO Courm NAuE OF FEnS01g5)ORENT1TYIIES)
My comm.Expires A zr.)7,1998. acted.executed[he Instrument.
Wines my hand and official soal.
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A1UnE OF 180TARY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C
County of >���''✓ i
�"
On All before me,
Date Name and Title of OKicer(e.g.,'Jane Doe,Notary Pudic")
personally appeared J
r
ame(s)of Signer(s)
ECJ personally known to me-OR-❑p me on to be the person(e)-
whose names + ara-subscribed to the within instrument
and acknowledged to me that-he/she/they executed the
same inAWher/theif authorized capacity(ise),and that by
PATH:',D.MC COWaCO -his/her/their signaturefsyon the instrument the person(&)-
• HotaofywPio° or the entity upon behalf of which the person(s) acted,
� eco COUNTY executed the instrument.
WITNES and and official seal. ,
Signature of Notary Public
I
' OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: X
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ TrusteeMo
_
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-8827